ANIL KRISHNA BASAK Vs. SAILENDRA NATH PAUL

JUDGEMENT

(1.) THE principal question for decision in this suit is whether or no an English mortgage within the meaning of section 58 (e) of the Transfer of Property Act 4 of 1882 in favour of a minor is a nullity.

(2.) HERE are the relevant facts which have led up to this litigation. Late Rajendralal Basak, an attorney-at-law and father of the two plaintiffs in this suit, executed one deed of mortgage after another, running into four, in the course of a little more than three years, as respects his dwelling-house at 267a Chittaranjan Avenue, North. If perhaps assists one's convenience to set out the necessary detail of these mortgages in a tabular form: serial No. Date of mortgage consideration thereof name of the mortgagee 1. 16-8-44 rs. 32,000 sailendra Nath Paul, defendant no. 1. 2. 10-12-46 rs. 21,000 " 3. 8-12-47, rs. 6,000 raj Kumar Gupta, defendant No. 2. 4. 8-12-47 rs. 24,000 sailendra Nath Paul, defendant no. 1. Sailendra Nath Paul, the mortgagee in three mortgages above and the first defendant in this suit, is described in each of the mortgage deeds as "son of Bisseswar Pal, deceased of No. 6, Baranasi Ghosh Street in the town of Calcutta. "

(3.) A feature of the first two mortgages which alone the plaintiffs impugn by this suit may be noticed now. Take the mortgage of August 16, 1944. The mortgagor Basak transferred the mortgaged property-"all That partly five and partly four storied brick built. . . . . dwelling house now No. 267a chittaranjan Avenue North"-absolutely to the mortgagee Paul. More, he bound himself to repay the mortgage money on a firm date, namely, August 16, 1945, whereupon the mortgagee Paul was to recovery the mortgaged property to the mortgagor Basak. In the second mortgage of december 10, 1946, was stipulated that "all the powers provisions and covenants contained" in the first "shall be applicable. . . . to this security as fully as if the same powers provisions and covenants had been hereby set out and specifically made applicable thereto".